Revolutionary War Pension and Bounty Land Warrant Application File S 46038, John Gibbs, R.I.

SERVICE
R.I.
Gibbs, John
NUMBER
S 46038
CONTENTS

21.572 David Wilson John Gibbs of Newport in the State of R.I. who was a Private in the Company commanded by Captain Simmons of the R.I. commanded by Col. in the line for 12 months
Inscribed on the Roll of David Wilson at the rate of 20 Dollars 67 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30th day of Sept 1833 and Sept 16th 1833 John Gibbs Newport R.I.
Arrears to the 4th of Sept 1833 $111.67 Sem-ant. allowance ending Mar 31 28.33 $140.00
Revolutionary Claim, } Act June 7, 1832. } Recorded by K. Addison Clerk, Book 2 Vol. 1 Page 111

Declaration.
State of Rhode Island &c.
County of Newport, Town of Little Compton &c.
On this twenty first day of February, A. D. 1833, personally appeared in open court, before the court of Probate of said Little Compton, at the county and State aforesaid, at a special session thereof, John Gibbs, a resident of said Little Compton, aged eighty four years, who being first duly sworn, according to law, doth on his oath make the following Declaration, in order to obtain the benefit of an act of obsequies, passed June 7 th 1832.
1. That he first entered the service of the country, at the time the British took possession of Rhode Island, December, 1776. Declarant was then draughted and served as a private in the company of Little Compton militia, commanded by Captain George Simmons, for the purpose of protecting the shores of Little Compton from the incursions of the enemy. The arrangement of guard duty was to the following effect viz. that one half of the company was called upon duty for one month, which was then relieved by the other half the succeeding month, and so on alternately, so long as the necessity for a guard continued; the whole company in the mean while being liable to duty, and ready to be called into service, at a moment's warning. And the Declarant avers upon oath as aforesaid, that he served in said company in his capacity of guard every other month of the whole time that the British were in possession of Rhode Island, with the exception of one month, that the declarant was engaged in Sullivan's expedition: that is to say one year and four months of actual duty as guard.
2. Declarant is informed and believes,

that the before mentioned draught was made under an act of the General Assembly of December 1776, whereby all male persons liable to bear arms in this State, were draughted into three divisions, and placed under the orders of the Governor, or Commanders for the time being to be marched to such places & stations as said authorities should direct.
3. Declarant further avers, on oath as aforesaid, that in August 1778, he was draughted and served as a private in Captain George Simmonds company of Little Compton militia, and marched to Rhode Island as a part of the force under Major General Sullivan. Declarant was present and active in the army, during the whole period of the expedition, and came off in the retreat, having served a month. Declarant then returned to his duty as guard.
4. Declarant further states as aforesaid, that he was born in the town of Little Compton, in the then Colony of Rhode Island, May twenty first 1748. That a record of his birth is to be found in the town clerk's office of said town a copy of which, with the attestation of the present town clerk is hereto annexed. That at the time of his first entering the service, by being draughted as aforesaid, he was living in said town of Little Compton, that he has lived there since the Revolutionary war, and that he now lives there. That he is unable to fix with more precision than he has been done, the day, month and year, when he entered the service and when he left the same. That he has never received any written discharge from the company in which he served as aforesaid, nor was it usual in the Revolution to grant such discharges. That he has no documentary evidence of the

the services he has sworn to, nor did he ever profess any that as to the manner of his being called into service, and the names of the officers under whom he served, they are succinctly stated in the preceding part of this Declaration.
5. Declarant refers to Sylvester Gifford and Christopher Brown, as persons to whom he is known in his present neighbourhood, who can testify to his character for veracity, and to their belief of his services as a soldier of the Revolution.
6. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
C. E. Robbins
witness to signature
John his Gibbs, mark.
Sworn to and subscribed in open court the day and year before written.
Witness J. H. B. W. M. C. Probate Clerk
We Sylvester Gifford, residing in Little Compton, in the county of Newport and State of Rhode Island; and Christopher Brown, residing in the same Little Compton, hereby certify, that we are well acquainted with John Gibbs, who has submitted and sworn to the above Declaration: that we believe him to be eighty four years old, and that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution; and that we concur in that opinion; and that we believe him to be a person of veracity.
Sylvester Gifford Christopher Brown
Sworn to, and subscribed in open court, the day and year before written.
Witness J. H. B. W. M. C. Probate Clerk

And the said Court do hereby declare their opinion after investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a soldier of the Revolution, and served as he states. And the Court further certify that Sylvester Gifford who has signed the foregoing certificate is a resident of Little Compton, and Christopher Brown who has also signed the same, is a resident of the same Little Compton; that both are credible persons, and that their statement is entitled to credit. The testimony of the nearest clergyman having been requested, if one lives in the immediate vicinity of the applicant, the Court thinks it proper to state, that the Rev. Emerson Paine having been recently settled in this place and the only one who could be conveniently called upon, was not sufficiently acquainted with the applicant to be used as a witness.
I, Alexander R. Brownell, Clerk of the Court of Probate of the Town of Little Compton, in the county of Newport, and State of Rhode Island, do hereby certify that the foregoing contains the original proceedings of said court, in the matter of the application of John Gibbs for a pension. In testimony whereof I have hereunto set my hand and the Seal of said Court this twenty first day of February, 1833.
A. R. Brownell Probate Clerk.

1 Town Clerks Office Little Compton February 20 th 1833. I hereby certify that John Gills the son of Job Gills & Mary his wife was born May 21 A. 1748. as appears of record.
Witness A. B. B. M. M. M. Town Clerk.

Joseph Pearce of Little Compton in the State of Rhode Island, of lawful age, upon Solemn oath, depo- ses and says, that he is well acquainted with John Gibbs, who has this day subscribed and sworn to his declaration in open Court in order to obtain the benefit of an act of long- -res passed June 9 th 1832, that he is knowing to the fact that said Gibbs did duty as guard in Little Compton at the time of the occupation of Rhode Island by the British and particularly at the station called Sanford Hmgs at Hmgs Creek. Deponent is unable to state the particular length of time that said Gibbs was on duty, but he has no doubt that he served in the manner this deponent & others did, viz Viz, every alternate month, so long as Rhode Island was in possession of the enemy, that is to say from Dec r . 1776 to Sept r 1779. Having served My self in the same company with said Gibbs, which was commanded by Capt n George Simmons as stated in his Declaration Joseph Pearce
State of Rhode Island Town of Little Compton March 13. 1833. Then personally appeared Joseph Pearce subscribed to the foregoing deposition and (having first heard read the Declaration to the Court of Probate of the Town of Little Compton of John Gibbs made on the 23 rd day of February A D 1833. made Solemn oath to the truth of each and every part of said Deposition by him, the said Pearce subscribed. And I hereby further certify that said Joseph Pearce is a person of good reputation and standing, and his statements are entitled to full faith and credit. Pardon Brownell J n Probate Witness my hand & Seal.

Newport Sc.
Office of the Court of Probate of the Town of Little Compton R. I.
I, Alexander R. Brownell, clerk of the Court of Probate of the Town of Little Compton, in the county of Newport and State of Rhode Island, hereby certify that Pardon Brownell, whose signature and seal are attached to the foregoing caption of the deposition of Joseph Pearce (in the matter of the application of John Gibbs for a pension) is well known to me as a Justice of the Peace in said town, duly elected, commissioned and sworn; and that said signature is in the proper hand writing of said Brown- ell, to me well and familiarly known. In witness whereof I have hereunto set my hand and the seal of said Court this thirteenth day of March, A. D. 1833.
A. R. BROWNELL Probate Clerk

Wm. Woodman of Little Compton, in the State of Rhode Island, of lawful age, upon solemn oath, deposes and says, that he is well acquainted with John Gibbs, who has this day subscribed and sworn to his declaration in open court in order to obtain the benefit of an act of Congress passed June 7 th 1832: that he is knowing to the fact that said Gibbs did duty as guard in Little Compton, at the time of the occupation of Rhode Island by the British and particularly at the station called Sanford Hongs at Hongs Creek. Deponent is unable to state the particular length of time that said Gibbs was on duty, but he has no doubt that he served in the manner that this deponent and others did, viz every alternate month, so long as Rhode Island was in possession of the enemy, that is to say from Decem r 1778 to Sept r 1779.
William Woodman
Newport R.I.
State of Rhode Island, County of Bristol Town of Little Compton, February 22 d 1833.
Then personally appeared William Woodman, subscriber to the foregoing deposition and (having first-hand read the declaration to the Board of Probate of the Town of Little Compton of John Gibbs (made on the 21 st instant) made solemn oaths to the truth of each and every part of said deposition before, the said Woodman subscribed. And I hereby further certify that said William Woodman is a person of good reputation and standing, and that his statements are entitled to full faith and credit.
Witness my hand & seal
Pardon Brownell for Clerk
Newport R.I.
Office of the Board of Probate of the Town of Little Compton, R.I. I. Alexander R. Brownell, Clerk of

the County of Newport the Court of Probate of the town of Little Compton, in the State of Rhode Island hereby certify that Pardon Brownell whose signature and seal is attached to the foregoing citation of the deposition of William Woodman, (in the matter of the application of John Gibbs for a pension) is well known to me as a Justice of the Peace in said town, duly elected commissioned and sworn; and that said signature is in the proper hand writing of said Brownell, to me well & familiarly known. In witness whereof I have hereunto set my hand and seal of said Court this twenty second day of February A. D. 1833. 1833
ph - Feb 24 359
 A. W. Brownell Probate Clerk

Supplementary Declaration.
State of Rhode Island &c
County of Newport, Town of Little Compton ss
On this tenth day of August, A. D. 1833, personally appeared in open court, before the court of Probate of Little Compton in the county and State aforesaid, at an adjourned session thereof, John Gibbs, a resident of said Little Compton, being the same John, who made his declaration to this court on the twenty first day of February A. D. 1833 (in order to obtain the benefit of an act of Congress passed June 7, 1832) and having been duly sworn, doth on his oath make the following supplementary declaration and affidavit to be annexed to his original affidavit and duly authenticated.
1. That as to the service specified in the first paragraph of declarant's original declaration - he now on oath avers, that he was draughted and entered upon duty, as a private, in the company of Little Compton militia, commanded by Captain George Simmons, John Davis Lieutenant (as set forth in said paragraph) on the eighth day of December 1778. That he served in said company in capacity of a guardsman for the purpose of protecting the shores of Little Compton from the often ensuing incursions; and that he performed that duty, at various stations in Little Compton, from said eighth day of December 1778, every other month, until the eighth day of September 1779 (with the exception of the month he was engaged in Sullivan's expedition) - making one year and four months actual duty , in the period of two years and nine months. Declarant having served as aforesaid, was discharged from said company on said eighth day of September 1779.
Declarant recollects that William Richmond and Nathaniel Church were colonels of the regiment to which his company belonged during the period aforesaid.

2. That with regard to his months service in General Sullivans expedition, as set forth in the third paragraph of declarants original declaration - declarant further avers, that he was draughted and entered upon duty as a private in Captain George Simmons company of Little Compton militia as stated in said paragraph - that he was draughted & entered there in, on the twenty eighth day of August A. D. 1878 : that he served a month on Rhode Island and its neighbourhood in Sullivans expedition, and was finally discharged from said company September 20 th 1878 and returned to his duty of guard in Lib. He Compton. George Simmons was his Captain and John Cook Colonel over the last Little Compton detachment in the expedition referred to , and in this last detachment was the company of the declarant.
C. E. Robbins notary public signing
John his Gibbs mark
Sworn to and subscribed by his signature and his mark, the day 28 th Feb y 1883 and year above written. John B. Merrill Probate Clerk.
I, Alexander R. Brownell, clerk of the Court of Probate of the town of Little Compton in the county of Newport and State of Rhode Island, do hereby certify, that the foregoing papers, (attached by one ribbon, which passed under the seal hereunto set) contain all the original proceedings of said Court in the matter of the application of John Gibbs for a pension) held February the 28 th , A. D. 1833 : also the certificate of the clerk of Little Compton to the birth of said John dated February 20 th A. D. 1833 : the deposition of Joseph Pearce taken March 13 th 1833 before Pardon Brownell Esq. a Justice of the Peace and duly certified by the clerk of this Court - the deposition of William Woodman taken before the same Pardon Brownell February 22 nd , 1833; both in the same matter of an application by said John Gibbs for a pension : together with the Supplementary declaration of said John to this Court made August tenth A. D. 1833. and now to said papers for the

first time annexed.
In testimony whereof I have hereunto set my hand and the seal of this said Court this tenth day of August, A. D. 1833.
J. M. [unclear] Probate Clerk.

24759 Mogibbs
Rhode Island
Served 1 year & 5 months. Private
Amended in conformity to the instructions of the com- missioner. Tours of service 5 & 1608 and Field Votter officers stated - and papers duly attached and authenticated. See Declarants Supplemen- tary Declaration.
56672 1 354 28.33 1 41. 67
Chris. E. Robbins Esq. W. B. Brownell Atty Newport Newport County 10 Little Court R.I.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Gibbs Town of Little Compton County of Newport State of Rhode I.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Aug 1776 1 4 — privt. Capt Simmons 84 Years Little Compton R.I. Living witness papers not authenticated Mr Colonel given   1778 1 1 1 privt. Capt Simmons Genl Sullivan  
I am, respectfully, Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[2] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

INVALID.
Rev
WIDOW, Co.
am
File No. 46038
Rev war
John Gibbs Private R.I. Regt
Act June 7 1832
Index: Vol _____, Page _____
[Arrangement of 1870.]